H1B Visa Lawyer Blog

July 7, 2014

USCIS updated FY2014 Performance Data – All Form Types (Qtr#2)

USCIS has released their second quarter, Fiscal Year 2014 (FY2014) performance data for all form types as a statistical table. They have divided the forms by category: Family, Employment, Humanitarian, Citizenship and Naturalization, and Other as the rows. The columns are divided by case status: Received, Approved, Denied, and Pending. These updated FY2014 statistics (second quarter) cover January 2014 through March 2014. Here is the link to the Q2 table, “All Form Types Performance Data (Fiscal Year 2014, 2nd Qtr)“.

Source of Information:

– USCIS.gov, 5/13/14, Table (PDF):

July 4, 2014

MVP LAW GROUP – Immigration Q&A Forum, Friday, July 4, 2014

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Employment Based Immigration – Green Card

I appealed my denied my labor application to BALCA. My employer just got notice that my appeal has been docketed. When can I expect a decision?

July 3, 2014

Happy Fourth of July!

by Kellie N. Lego

“Immigrants signed their names to our Declaration and helped win our independence. Immigrants helped lay the railroads and build our cities, calloused hand by calloused hand. Immigrants took up arms to preserve our union, to defeat fascism, and to win a Cold War. Immigrants and their descendants helped pioneer new industries and fuel our Information Age, from Google to the iPhone. So the story of immigrants in America isn’t a story of “them,” it’s a story of “us.” It’s who we are. And now, all of you get to write the next chapter.” – President Barack Obama

(Part of Speech given during military naturalization ceremony for active duty service members in the East Room of the White House, July 4, 2012)

No matter what your plans are for this Fourth of July, make it a memorable day by spending time with your family and friends. Have a picnic, go to the fireworks, watch a parade or just celebrate with a quiet moment. Please remember those brave men and women who gave their lives to defend our country and its freedoms.

July 2, 2014

BALCA Reverses Denial, Finds Nexus between Ads and Position on ETA 9089

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Business Development Specialist.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification because the job title recorded in the two newspaper advertisements communicated the job title as “Business Development VP” as an alternative to “Business Development Specialist.” The CO thought this inconsistency was an infringement of PERM regulations 20 C.F.R. § 656.10 and 20 C.F.R. § 656.17(f)(3).

PERM regulation 20 C.F.R. § 656.10(c) (8) requires the petitioning employer to demonstrate that the job has been visibly accessible to any U.S. worker. The PERM regulation § 656.17(f)(3) requires any print advertisement to specifically detail the job requirements in order to give US workers the chance to apply for the position.

July 1, 2014

USCIS updated FY2014 Performance Data – All Form Types (Qtr#1)

by Kellie N. Lego

USCIS has released their first quarter, Fiscal Year 2014 (FY2014) performance data for all form types as a statistical table. They have divided the forms by category: Family, Employment, Humanitarian, Citizenship and Naturalization, and Other as the rows. The columns are divided by case status: Received, Approved, Denied, and Pending. These updated FY2014 statistics (first quarter) cover October 2013 through December 2013. Here is the link to the Q1 table, “All Form Types Performance Data (Fiscal Year 2014, 1st Qtr)“.

Source of Information:

– USCIS.gov, 4/29/14, Table (PDF):

June 30, 2014

MVP “Immigration Q & A Forum” – This Friday, July 4, 2014

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 4, 2014. Act now and submit your questions!

June 27, 2014

Watch “Documented” Sunday, June 29, at 9 p.m. on CNN

by Kellie N. Lego

On Sunday, June 29, at 9 p.m. EST, the Cable News Network (CNN) will be airing the CNN Film, “Documented.” This film is the story of Pulitzer Prize-winning journalist Jose Antonio Vargas and other undocumented immigrants in this country. Vargas, who wrote, produced and directed this film, describes himself as a gay, undocumented Filipino-American. Vargas states, “I am not the ‘illegal’ you think I am, and immigration is not what you think it is.” Vargas won the Pulitzer Prize as part of a team of Washington Post reporters for their coverage of the Virginia Tech shootings.

MVP Law Group‘s Managing Attorney, Kellie Lego attended an advanced screening of the film in Boston at the AILA Annual National Immigration Conference last week. Jose Antonio Vargas held a question and answer session with attendees after the film. She felt the film was very informative. She encourages everyone to watch this film! No matter where you stand concerning immigration in the United States, this film promises to give you a different insight into the problem.

Source of Information:

June 26, 2014

U.S. Senate has confirmed Leon Rodriguez to be the next Director of USCIS

by Kellie N. Lego

Secretary of Homeland Security, Jeh Johnson announced (June 24, 2014) that the U.S. Senate has confirmed Leon Rodriguez as the new Director of U.S. Citizenship and Immigration Services (USCIS). Leon Rodriguez was the Director of the Office for Civil Rights (OCR) for the U.S. Department of Health and Human Services (HHS) prior to his appointment. Director Rodriguez will be replacing Alejandro Mayorkas who served as the Director of USCIS from August 12, 2009 – December 23, 2013.

Lori Scialabba, who was appointed by President Obama as Acting Director of USCIS on Dec. 23, 2013, has filled the position until now. She served as Deputy Director of USCIS before that.

We here at MVP Law Group would like to congratulate Director Leon Rodriguez and wish him great success at USCIS.

June 25, 2014

H-2B Cap Count UPDATE – 2nd Half FY2014 – 1st Half FY2015

by Kellie N. Lego

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (6/16/14); 23,569 beneficiaries have been approved and 1,403 are pending for a total of 24,972.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (6/16/14); 0 beneficiaries have been approved and 65 are pending for a total of 65.

June 24, 2014

BALCA Says Wall Street Journal Is a Newspaper of General Circulation

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Producer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to show proof of the State Workforce Agency’s (SWA) job order as well as all resumes received in connection with the position. The Employer responded and the CO continued to review the application.

The CO denied the application based on two different PERM regulations. PERM regulation 20 C.F.R. 656.17 (e)(1)(i) requires that “two print advertisements are mandatory for all applications involving professional occupations.” These advertisements must run on two different Sundays in the area of intended employment. The Employer placed the ad for the Producer position in the Wall Street Journal (WSJ), which does not qualify as a professional journal, and could not be used in lieu of the mandatory Sunday advertisements as required by the PERM regulations, because the ad was not run on a Sunday. Furthermore, the CO indicated in his denial that the employee did not meet the minimum requirements of the position. He cited PERM regulation 20 C.F.R. 656.17(i)(1).